UPDATE: The Prosecution of Kenneth Chesebro Part 2
(photo courtesy of Lawrence Tribe and Harvard Crimson)
On September 6, the Judge in the Georgia case denied Chesebro's motion to sever his trial from that of his co-defendant, Sidney Powell. This must have been a hellacious blow to the Cheese's dream of sanitizing his alleged criminal acts from that of his more nefarious co-defendants and, worse, a more obnoxious and unpleasant co-defendant as we find in that critter known as Sidney "release the Kraken" Powell.
Indeed, as Chesebro's attorneys argued for severance they pointedly and repeatedly drew down on the charges as brought on the Cheese as being 'the acts of an intellectual'. In other words, Cheese didn't really do a damn thing, nor is he acccused of doing an action...but instead...he engaged in a purely intellectual and theoretical activity. This was exactly what I noted in my original article in this series. ( "The Prosecution of Kenneth Chesebro", part 1) So far, we are not aware of any comment by Chesebro on this setback.
Of interest is a comment made by the judge as he announced his ruling denying the severance. He noted that all parties conceded that we have 'two silos' of evidence for Chesebro and Powell that do not appear to overlap. Hence, we may presume that during the trial, the judge will tell the jurors to not hold Sidney's actions against Chesebro and vice versa. (assuming the evidence doesn't reveal any surprises linking them directly). Chesebro's lawyers (and Powell's) also made clear they would not adopt a posture of 'blaming' the other as the trial proceeded. That's probably a wise decision.
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I decided to drill down a bit on Chesebro's memorandums. If you go over and look at the Federal indictment against Donald Trump and others in the Washington D.C. case, you can see that Chesebro appears there as an unindicted co-conspirator (#5) and that his memorandums are prominently featured. But the government is swift to assert that Chesebro's intellectual theorizing quickly moved beyond the merely theoretical into criminal territory AFTER the election. There, the indictment reads:
"The December 6 Memorandum ("Fraudulent Elector Memo") marked a sharp departure from Co-Conspirator 5's Wisconsin Memo, advocating that the alternate electors originally conceived of to preserve rights in Wisconsin instead be used in a number of states as fraudulent electors to prevent Biden from receiving the 270 electoral votes necessary to secure the presidency on January 6. The Fraudulent Elector Memo suggested that the Defendant's electors in six purportedly "contested" states (Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin) should meet and mimic as best as possible the actions of the legitimate Biden electors, and that on January 6, the Vice President should open and count the fraudulent votes, setting up a fake controversy that would derail the proper certification of Biden as president-elect.
c. The December 9 Memorandum ("Fraudulent Elector Instructions") consisted of Co-Conspirator 5's instructions on how fraudulent electors could mimic legitimate electors in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. Co-Conspirator 5 noted that in some states, it would be virtually impossible for the fraudulent electors to successfully take the same steps as the legitimate electors because state law required formal participation in the process by state officials, or access to official resources."
It's evident that Jack Smith's team regard Chesebro's 'evolution' as much more than mere lawyering. The whole theory of the Georgia prosecutor will be to convince a jury that the December 6 and December 9 writing of Chesebro to the Trump team turned from mere theorizing to action designed to steal the election.
Laurence Tribe is no slouch as a lawyer and a professor of Constitutional law. Here is a comment he gave the Harvard Crimson magazine:
"“He’s so much the architect of the whole plan that I think it’s very hard to imagine him getting off without a multi-year sentence,” he added.
Tribe added that he was shocked when he first learned of the nature of Chesebro’s involvement with the Trump campaign.
“Part of me felt sorry for him. Part of me felt angry that he would betray the country and the Constitution in that way. Part of me felt it was such a terrible waste,” Tribe said. “He had a good mind, and he was putting it to use for obviously evil purposes.”
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